The Supreme Court of India has set aside a Madras High Court order that restored the probate of an unregistered Will, ruling that the suppression of material facts and the failure to implead interested parties—specifically brothers of the propounder and subsequent purchasers—constitutes a “just cause” for revocation under Section 263 of the Indian Succession Act (ISA), 1925.
A Bench comprising Justice Ujjal Bhuyan and Justice Vipul M. Pancholi held that while testamentary jurisdiction is primarily concerned with the genuineness of a Will, a grant obtained by concealing material information regarding the property’s title and existing disputes is liable to be annulled.
Background of the Case
The dispute centered on an unregistered Will dated January 9, 1976, allegedly executed by Eswaramurthy Gounder in favor of his daughter, Sarojini (Respondent No. 1). Curiously, just weeks after the alleged Will, Eswaramurthy Gounder sold the same properties to third parties via a registered sale deed on February 21, 1976. The appellants eventually purchased these properties in 1997.
In 2009—33 years after the Will’s execution and 26 years after the testator’s death—Sarojini filed for probate. In these proceedings, she only impleaded her two sisters, excluding her two brothers and the current property owners (the appellants). Simultaneously, she filed a civil suit seeking a declaration of title, where she admitted knowledge of the previous sale deeds but claimed her father’s signatures were obtained forcibly.
The Principal District Court, Coimbatore, initially revoked the probate in 2020, citing a lack of proof of the Will and the suppression of the fact that the property had been sold. However, the Madras High Court reversed this in 2022, holding that probate courts should not determine title.
Arguments of the Parties
Appellants’ Submissions: The appellants, represented by Senior Counsel Anand Padmanabhan, argued that the probate was obtained through fraud and collusion. They emphasized that under Section 263 of the ISA, the grant was “defective in substance” because necessary parties were not cited. They further contended that the propounder failed to examine any attesting witnesses as required by Section 63 of the ISA and Section 68 of the Evidence Act.
Respondents’ Submissions: Counsel for the respondents, Mr. M. A. Chinnasamy, argued that the High Court was correct in stating that testamentary jurisdiction is limited to the genuineness of the Will. He contended that the appellants’ application for revocation was “misconceived” and that questions of title must be established separately in civil courts.
Court’s Analysis
The Supreme Court examined the interplay between Section 263 (Revocation for just cause) and Section 283 (Power to issue citations) of the ISA. The Court noted that “just cause” exists if proceedings are defective or if the grant was obtained fraudulently by concealing material facts.
The Bench relied on several precedents, including Basanti Devi v. Ravi Prakash Ram Prasad Jaiswal (2008), to reiterate that probate is a “judgment in rem” and binds the entire world. Therefore, anyone with even a “slight interest” or “bare possibility of an interest” is entitled to be served with a citation.
Referring to the Madhya Pradesh High Court’s decision in Banwarilal vs. Kusum Bai (1972), which was discussed in Seth Beni Chand (1976) and Sunil Gupta (2007), the Court observed:
“An alienee who has acquired an interest in the estate of the deceased, prior to the filing of the probate proceedings, is an interested party.”
The Court found it “surprising” that Sarojini filed a civil suit just eight days after the probate petition, in which she discussed the sale deeds, yet failed to mention these facts or the interested parties in the probate court.
Key Observations: The Court observed:
“It can be said that the respondent no. 1 herein obtained the order of grant of probate in her favour by suppressing material facts, and no citations were issued to the brothers of the respondent no. 1/their legal heirs and the present appellants, before the grant of probate.”
Decision of the Court
The Supreme Court concluded that the District Court was fully justified in revoking the probate. It held that the High Court committed a “grave error” by ignoring the statutory requirements of Sections 263 and 283 of the ISA.
The appeal was allowed, and the High Court’s order dated April 26, 2022, was quashed. The Court clarified that while the probate is revoked, the pending civil proceedings regarding the title shall be decided by the concerned Civil Court on their own merits.
Case Details:
- Case Title: S. Leorex Sebastian & Anr. v. Sarojini & Ors.
- Case No.: Civil Appeal No. ___ of 2026 (Arising out of SLP (C) No. 20055 of 2022)
- Bench: Justice Ujjal Bhuyan and Justice Vipul M. Pancholi
- Date: April 21, 2026
